nigelb

Hi all,

As some of you may know I am in process of court proceedings for permission to take my 10yr old daughter to oz. I have been completing my online 457 and the question asks ' if the visa includes a person under 18yrs old, I have the the relevent custody/residency/order to allow migration' then it asks 'I agree' or 'I do not agree'.

My question is do I say I agree because I do have a residency order but I do not have p[ersmission for removal from juristriction so should I sau I do not agree?

I am including a covering letter detailing the events to date and that we will send copy of the court order in due course. I don't want to compromise our chances by picking the wrong answer.

Please help if you can

cheers

Sarah

s-jmelbournewannabe

Sarah, in Feb we officially got a court order to do the same as you, we have a 10 yr old who has contact with 'dad' and got Parental Responsibility for 'stepdad' of 7 1/2 yrs.. We waited till we got it in writing before applying for visa. Think you should do the same, how far down the line are you, has cafcass given you any indication (presuming they're involved) has 'dad' said ok to move yet??

let me know,

S-j x

andrew63

Sarah
I was in the exact same position, kind off. Applied for a 457 and my daughter was living with me in Ireland - outside the jurisdiction of the UK. There was a Court Order in place to that affect that stated she could live with me outside the jurisdiction of the UK.
My visa was NOT granted as the Court Order did not mention Australia. Outside the jurisdiction of the UK it said and my agent thought it was sufficient.
I argued but the DIMA CO opinion was that my ex may NOT have agreed to let me take my daughter to Australia from England as Ireland was only a short-distance away.
I suppose they had a point.
Of course my ex then refused to sign Stat Dec needed and decided she wanted her daughter back (after not seeing her 5 years - her choice).
Anyway, GBP10,000 and 12 months later, I finally got a UK Court Order to take my daughter to Oz where we all live happily now.

People on this forum think I was unfairly treated by DIMA, as does my agent. So hopefully this is a worst case scenario.

Attached is a form DIMA insisted we completed. This was 2004 so maybe there is a new one. I also changed "temporary" to "permanent" as I knew we would be applying for permanent and couldn't afford or face to go through this again.

Good luck and let me know if you need anything else.

Andrew

nigelb

thank you both for the replies.

Its a it complicated but bio father was uncontactable so things were proceeding well, as we were advised that if he doesn't respond and cannot be found etc etc that we would get an order in his absence.Thats why we have job, house , school etc all set in oz HOWEVER guess who reappears and now wants contact. We are now awaiting CAFCASS and our solicitor is formally asking him the question re; permission to go to oz but this is all taking so long, so we thought if we could visa app in and meds done etc we could then submit court order when we get it...which solicitor says should not be a problem as long as we make plans for contact if he still wants it then, and appear reasonable.

This is just so frustrating ...

sarah

JAJ

Forms are not the law. You need to understand that. You also need to understand that many case officers (and migration agents) do not understand the laws on child custody.

Be careful. You may need professional assistance from one of the small number of agents out there who know what the law here really says.

But first answer a fundamental question. Does UK law allow you to move the child out of the jurisdiction without reference to any other person. Find out that answer and work from there.